Download United States District Court Northern District of Ohio Electronic

United States District Court
Northern District of Ohio
Electronic Courtrooms / Electronic Filing
A.
Court Web Site
B.
Electronic Courtroom Technology Brochure
C.
Electronic Filing
1.
Electronic Filing Brochure
2.
CM/ECF NextGen
3.
Notice to Customers Paying by Checks
4.
Electronic Filing Attorney Registration Form
5.
PACER - Public Access to Court Electronic Records
6.
Local Civil Rules
7.
a.
Rule 5.1 Filing by Facsimile or Electronic Means
b.
Rule 8.1 General Rules of Pleading (see privacy provisions)
Local Criminal Rules
a.
Rule 49.2 Filing by Facsimile or Electronic Means
b.
Rule 49.1.1 General Rules of Pleading (see privacy provisions)
8.
Privacy Policy
9.
Electronic Filing Policies and Procedures Manual
10.
11.
CM/ECF Tips
a.
Obtaining Written Opinions for Free
b.
Obtaining a List of Cases by Category
c.
Obtaining a List of Documents filed by Date Range and/or Case Category
d.
Turning CM/ECF Document Headers Off/On
e.
Setting Up E-Mail Notification
f.
Setting Up Secondary E-Mail Notification
g.
Adding Attachments with Full Descriptions
h.
Joint Filings
CJA eVoucher
Important Web Sites
Northern District of Ohio
Shortcut to ND of Ohio Electronic Filing
PACER (Public Access to Electronic Records
http://www.ohnd.uscourts.gov
http://ecf.ohnd.uscourts.gov
http://pacer.psc.uscourts.gov
The Office of the Clerk for the Northern District of Ohio has a wealth of information available
on its web site. The web site is designed to assist the bench, bar and public by providing access to
useful information tailored to our customers' unique needs and interests.
www.ohnd.uscourts.gov
.
Chief Judge Solomon Oliver, Jr.
Hon. Donald C. Nugent
Hon. Patricia A. Gaughan
Hon. James S. Gwin
Hon. Dan Aaron Polster
Hon. John R. Adams
Hon. Christopher A. Boyko
Hon. Jack Zouhary
Hon. Sara Lioi
Hon. Benita Y. Pearson
Hon. Jeffrey J. Helmick
Hon. David D. Dowd, Jr
Hon. Lesley Wells
Hon. James G. Carr
Hon. David A. Katz
Magistrate Judge Nancy A. Vecchiarelli
Magistrate Judge George L. Limbert
Magistrate Judge William H. Baughman Jr.
Magistrate Judge Kenneth S. McHargh
Magistrate Judge Greg White
Magistrate Judge James R. Knepp
Magistrate Judge Kathleen B. Burke
Magistrate Judge Vernelis K. Armstrong
Geri M. Smith, Clerk of Court
The U.S. District Court, Northern District of Ohio is
proud to provide fourteen electronic courtrooms
throughout the district with more being planned.
Our first electronic courtroom was installed in
September, 1998 in the Howard M. Metzenbaum
Court House. When it opened, it was touted as the
most technologically advanced courtroom in
existence. The equipment in that courtroom has
been moved to our new Court House. In addition,
the Administrative Office funded three additional
courtrooms in the new Carl B. Stokes United States
Court House in Cleveland.
We also have electronic courtrooms in each of our
divisional locations in Akron, Toledo and
Youngstown.
The streamlining of the litigation process through
the implementation of advanced communication
technologies has enhanced the court’s ability
to meet the needs of the bar and the public,
while preserving the dignity and fairness of the
proceedings.
Since we are five times as likely to remember
something we both see and hear, the
audio/visual means of presentation
implemented in the courtrooms increases both
efficiency and juror comprehension. With
minimal training, attorneys can present photos,
documents, objects, videotapes and electronic
presentations to focus juror attention on critical
details.
The Video Presenter cart serves as the heart
of the well-concealed electronics in the
courtroom. The system allows counsel to
switch from displaying exhibits, realtime
transcripts, video recordings or multi-media
presentations with the push of a button.
‘
‘
Realtime transcription from the court
reporter can be directed to monitors
at the Judge’s bench and counsel
tables, with prior arrangements with
the court reporter
‘
Infrared listening assistance and
translation is available to all
participants
The courtrooms are augmented by video and
audio conferencing systems. Two
video-conferencing cameras are focused on the
Judge and witness, as well as the presenter at
the lectern.
A document camera which can be
used to display exhibits such as
documents or medium-sized
three-dimensional objects
‘
Connections to display multi-media
presentations or images from a
portable computer allowing
documents, images, etc. to be
displayed on any monitor in the
courtroom
‘
A visual image printer to produce a
3" x 5" print of any image displayed
through the system
‘
Large flat plasma screens for gallery
viewing
A DVD/VHS player at the podium
Some of the advanced technology
integrated into the courtrooms:
‘
‘
On-screen drawing and highlighting
to emphasize specific details for
display throughout the courtroom
‘
Technology-ready counsel tables
provide quick-connect capability for
data, voice, realtime transcription
and video. Counsel can bring
portable computer equipment to plug
into discreetly concealed ports to
access the electronics in the
courtroom
‘
17" flat panel video displays located
on each counsel table, on the
Judge’s bench, the courtroom deputy
and court reporter desk, and
between each pair of jurors to make
visual display efficient
The use of this technology
is easily controlled from
multiple touch panel
controllers at the Judge’s
bench and the lectern.
Please visit our web page at
http://www.ohnd.uscourts.gov for training
schedules, user guides, and contact telephone
numbers for our electronic courtrooms in Akron,
Cleveland, Toledo and Youngstown.
The court welcomes the bar to take advantage
of these new facilities. Counsel are encouraged
to contact the courtroom deputies to arrange for
the use of this equipment.
The Northern District of Ohio continues to
strive to provide litigants with the best resources
available to assist in the efficient administration
of justice.
A camera with pan, tilt and zoom capabilities and
a mounted camera at the witness box can also be
accessed. This equipment can be used for
remote witness testimony, pretrial conferences or
other court proceedings.
Electronic Filing
The U.S. District Court for the Northern District of
Ohio is a leader in electronic filing and is proud to
have been the first Court to accept an electronic filing
over the Internet.
Using the Case
Management/Electronic Case File (CM/ECF) system,
attorneys can:
•
Electronic
Filing
•
•
•
•
File complaints and initiating documents, except
in criminal cases;
File subsequent pleadings and documents;
Retrieve up-to-the-second docket sheets;
Retrieve most case documents; and
Receive electronic notification of filings.
CM/ECF was developed by the Administrative Office
of the U.S. Courts and is used by Federal Appellate,
District and Bankruptcy courts throughout the
country. The system provides unprecedented access
to Court records and has proven that widely available
and inexpensive technology can accommodate
electronic filing in federal cases.
United States District Court
Northern District of Ohio
801 West Superior Avenue
Cleveland, Ohio 44113-1830
Clerk’s Office
Transcripts of Court Proceedings
CM/ECF is continually evolving and providing new
services. For example, when court reporters fulfill
orders for transcripts of Court proceedings, the
transcripts are now filed electronically. During the
first 90 days after filing, transcripts are only available
for viewing at public access terminals within our
courthouses; they will not be available over the
Internet during that time. The transcripts are also
available for purchase from the court reporter.
Counsel of record are responsible for informing the
court reporter within 21 days after the filing if the
transcript contains social security numbers, financial
account numbers, birth dates, the names of
minor children, or in criminal cases only,
home addresses that must be redacted to
protect privacy interests pursuant to the EGovernment Act, Local Rule 8.1 and Local
Criminal Rule 49.1.1. After 90 days, the
transcripts (redacted if necessary) will also
become available to the public from the
Clerk's Office and over the Internet
through PACER.
How are documents prepared?
Attorneys create documents on their own
computers using standard word processing
software. However, instead of printing the
documents on paper and delivering them to
the Court, documents are converted to a
portable document format (PDF) that
allows everyone to view the documents,
regardless of the type of system used to
create or view them.
How do I file electronically?
Attorneys access the Court’s electronic
filing system over the Internet. After
entering a Court assigned user name and
password, attorneys enter the case number
in which their document is to be filed, the
name of the party for whom the document
is being filed and the type of document
being submitted (answer, answer with
cross-claim, etc.). The document is then
transmitted to the Court’s computer.
identifiers from documents.
What happens next?
What are the benefits?
Once the document is received by the Court,
the electronic filing system:
C
C
C
Sends a receipt to the sender
verifying that the document has been
received;
Updates the docket sheet and
provides immediate access to the
event and the document to anyone
with access to the system;
Sends a notice of the filing to all
parties who have agreed to receive
electronic notice.
Electronic filing streamlines the typically timeconsuming and costly process of delivering
legal documents to the Court and sending copies
to all the parties in the litigation. In addition,
attorneys can file documents and review cases
from anywhere with an internet connection.
The system also improves access to Court
records by making documents available even
when the Courthouse is closed for business.
Internet.
Upon completion of the registration form, you will be
assigned a user name and password that will permit
access to the system and serve as your signature on
all documents filed under Fed. R. Civ. P. 11.
What equipment do I need?
To file electronically in this Court, parties need the
following:
C
C
Who decides if it will be used?
What if the document was not
created on a computer?
The Court seeks to have as many documents as
possible filed electronically, but recognizes,
however, that some documents may not be
available in electronic format – for example,
certain medical records. Nevertheless, many of
those documents can be easily and
inexpensively scanned for electronic filing.
Documents or objects that cannot be scanned
reasonably can be filed and served in the
traditional manner. Advance planning will help
avoid the need to make last minute decisions
on such matters.
Are any documents precluded
from being filed electronically?
Documents to be placed under seal may not be
filed electronically and must be filed in the
traditional manner. Attorneys should pay close
attention to Local Civil Rule 8.1 and Local
Criminal Rule 49.1.1 which requires the
redaction or exclusion of specific personal
C
The Court requires attorneys to file and receive
notices electronically in all civil and criminal
cases, absent a showing of good cause, unless
otherwise excluded by the rules, procedures or
orders of the Court.
What do I need to do?
C
C
C
a computer running a Windows or a Macintosh
operating system;
Adobe Acrobat 3.0 or higher to convert
documents to a portable document format
(PDF);
a PDF-compatible word processor like
Macintosh or Windows-based versions of
WordPerfect and Word;
Internet access supporting a transfer rate of
28.8 kbs or higher;
CM/ECF has been tested and works correctly
with Netscape 7.x, Internet Explorer 6.0 and
Firefox 1.5; and
Access to a scanner to image non-computerized
documents.
To file electronically you must:
•
•
•
•
Be admitted to practice in this Court;
Complete an electronic filing registration
form; and
Secure your passwords and notify the
Court if you learn that it has been
compromised.
Have access to the Public Access to Court
Electronic Records (PACER) system
which allows users to obtain case and
docket information from Federal
Appellate, District and Bankruptcy courts,
and the U.S. Party/Case Index via the
Is the system secure?
The electronic filing system has several
layers of security. A user name and
password are required to access the system
and documents are encrypted and
transmitted through SSL protocol. In
addition, the electronic receipt issued by the
Court contains a unique validation code
ensuring that documents cannot be altered
after being received by the Court.
Is training available?
Attorneys and law firm staff may receive
training by contacting one of the following
numbers:
Cleveland:
Akron:
Toledo:
Youngstown:
216-357-7007
330-252-6015
419-213-5500
330-884-7419
An online tutorial is available on the
Court’s internet web page at
http://www.ohnd.uscourts.gov under
Electronic Filing. Registered attorneys can
also practice filing and retrieving
documents using a training system.
What if something goes wrong?
Where can I learn more?
If problems occur, call the Clerk’s Office Help Desk
(1-800-355-8498) Monday - Friday from 8:00 a.m. to
4:45 p.m. (eastern standard time). A voice mail
message may be left at other times.
Additional information about the CM/ECF
system and electronic filing can be obtained
from the Clerk’s Office or through the
Court’s
web
page
at
http://ecf.ohnd.uscourts.gov. Available
materials include: attorney admission and
electronic filing registration forms, an
“Electronic Filing Policies and Procedures
Manual” and a “User Manual.”
CM/ECF NextGen
The federal judiciary is implementing the next generation of CM/ECF in stages in the appellate, district and
bankruptcy courts. Several courts are currently testing and implementing the new software while serving as
pilot Live Monitored Operations courts:
Appellate: 2nd and 9th Circuit Court of Appeals (live since October 2014)
District: Kansas (live), Minnesota (live) and Florida Northern (currently pilot testing)
Bankruptcy: Alaska (live), California Southern, New Jersey and Oregon (currently pilot
testing)
The software will become available to other courts for testing, training and implementation in early 2016.
CM/ECF NextGen Central Sign-on
The key new feature for attorneys is Central Sign-on, which provides the ability for attorneys to maintain
one account across all NextGen Courts.
The PACER Service Center is encouraging users to upgrade their PACER accounts now. The upgraded
accounts will ultimately allow you to select your own username and use a single account to file and view
documents in each court that converts to CM/ECF NextGen.
Although it is not mandatory to upgrade your account at this time, and your current PACER account will
continue to function normally, you will be required to upgrade your account in order to perform any
maintenance functions outside of making a payment.
For more information visit the PACER Service Center at: www.pacer.gov
Appendix B
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
ELECTRONIC FILING ATTORNEY REGISTRATION FORM
This form is used to register for an account on the United States District Court for the Northern District of Ohio Electronic Filing System
(the system). Registered attorneys will have privileges to electronically submit documents and to view the electronic docket sheets and
documents. Once your registration is complete, a user id and password will be sent to you via email. Please call the Electronic Filing Help
Desk at 1-800-355-8498 with any questions.
PLEASE TYPE
Mr.
Mrs.
First Name:
Ms.
Middle Name:
Last Name:
If appropriate check one:
Highest state court admitted:
Senior
Junior
II
III
IV
Bar ID Number:
Are you currently in good standing?
Yes
No
Firm Name:
Address:
City:
State:
Have you relocated to this address within the past year?
Voice Telephone Number: (
Zip Code:
Yes
)
No
Fax Number: (
)
Internet Mail Address:
Attorneys seeking to file documents electronically must be admitted to practice in the United States District Court for
the Northern District of Ohio pursuant to LR 83.5 and LCrR 57.5.
Date admitted to practice in the U.S. District Court for the Northern District of Ohio:
If you are not admitted to practice in this court, please complete which applies:
•
Attorney for the United States?
Yes
No
Date Applicant’s Personal Statement & Oath submitted pursuant to LR 83.5(k) & LCrR 57.5(k):
•
Date motion to be admitted pro hac vice granted:
in case number:
Pro hac vice admission fee receipt number:
•
If Attorney of Record in an MDL action in this court indicate case number:
A PACER account is required to view documents on the system. For information regarding PACER call 1-800-676-6856 or visit the website
at www.pacer.psc.uscourts.gov
I agree to abide by all Court rules, orders and policies and procedures governing the use of the electronic filing system and consent
to receiving notice of filings pursuant to Fed. R. Civ. P. 5(b) and 77(d) and Fed. R. Crim. P. 49(b)-(d) via the Court’s electronic
filing system. The combination of user id and password will serve as the signature of the attorney filing the document(s). Attorneys
must protect the security of their password and immediately notify the Court if they learn that their password has been
compromised by an unauthorized user.
Signature of Attorney
Submit completed Registration Form to:
Date
Geri M. Smith, Clerk
United States District Court
Attention: Electronic Filing System Registration
801 West Superior Avenue
Cleveland, OH 44113-1830
Revised 8/28/08
HOW PACER WO RI(S
PACER offers convenient electronic
access to:
• Case file documents and opinions
• Listings of all case parties
• Reports of case-related information
• Chronologies of events entered in
the case record
• Claims registries
• Listings of new bankruptcy cases
• Judgments or case status
• PACER Case Locator
• Audio files of hearings
PACER
REGISTRATION
FEES and BILLING
Public Access to Court Electronic Records
To register for access/ visit the PACER
Service Center website at www.pacer.gov.
Click on the Registration tab and select the
account type. Then fill out an online form
and provide a valid email address.
Congress has authorized the Judiciary to
charge fees to fund the costs of PACER
and CM/ECF.
(PACER) is an electronic public access
service that allows users to obtain case
information from federal courts. PACER
is a service of the United States Judiciary/
provided by the Administrative Office of the
United States Courts.
PACER offers an inexpensive/ easyto-use alternative for obtaining case
information from the Judiciar/s Case
Management and Electronic Case Files
system (CM/ECFL without having to
visit the courthouse. PACER allows an
Internet user to request information
about a particular case or party. The data
is immediately available for printing or
downloading.
.GM.!~~.f.
CM/ECF is the federal courts/ system used
to manage cases and to allow attorneys to
file case documents over the Internet.
Identifying requirements for the next
generation of CM/ECF is in process. Refer
to the IIWhafs New with PACERII section
of the PACER website/ for information and
updates to PACER and CM/ECF.
• Provide credit card information to
establish an account and receive
same- day access.
• Choose to register without credit
card information/ and you will receive
account login information by U.S. mail/
usually within one week.
There is no cost for registration.
The Judicial Conference of the United
States has set fees and conditions for
services as follows:
• Ten cents per page for access via the
Internet/ with a total charge of any
document/ docket sheet/ or casespecific report not to exceed $3.00/
the fee for 30 pages.
• Transcripts of federal court
proceedings are not subject to the
30-page fee limit.
• Digital Audio files are available for
$2.40 per file/ for courts that provide
the service.
• Fees are waived for users who incur
less than $15 of use in a quarterly
billing cycle .
• Parties entitled to documents as part
of a legal process receive one free
electronic copy.
• Parties will be charged for
replacement copies/ whether in
paper or electronic form .
• Users are billed quarterly and are
allowed to enter a client code of
their own choosing to facilitate costs
tracking.
Local Civil Rules Related to Electronic Filing
Rule 5.1 Filing by Facsimile or Electronic Means
(a) The Clerk’s Office will not accept any facsimile transmission unless ordered by the Court.
(b) Pursuant to Fed. R. Civ. P. 5(e), the Clerk’s Office will accept papers filed, signed, or verified by
electronic means that are consistent with technical standards, if any, that the Judicial Conference
of the United States establishes. A paper filed by electronic means in compliance with this Rule
constitutes a written paper for the purposes of applying these Rules and the Federal Rules of Civil
Procedure. All electronic filings shall be governed by the Court’s Electronic Filing Policies and
Procedures Manual and orders of the Court. (See Appendix B.)
(c) The Court requires attorneys to receive notice of filings electronically and to file documents
electronically, absent a showing of good cause, unless otherwise excused by the rules, procedures
or Orders of the Court. While parties and pro se litigants may register to receive “read only”
electronic filing accounts so that they may access documents in the system and receive electronic
notice, typically only registered attorneys, as Officers of the Court, will be permitted to file
electronically. The Judicial Officer may, at his or her discretion, grant a pro se litigant who
demonstrates a willingness and capability to file documents electronically permission to register to
do so. Permission to file electronically may be revoked at any time.
Rule 8.1 General Rules of Pleading
(a) In compliance with the policy of the Judicial Conference of the United States, and the
Egovernment Act of 2002, and in order to promote electronic access to case files while also
protecting personal privacy and other legitimate interests, parties shall refrain from including, or
shall partially redact where inclusion is necessary, the following personal data identifiers from all
documents filed with the Court, including exhibits thereto, whether filed electronically or on paper,
unless otherwise ordered by the Court.
(1) Social Security numbers. If an individual’s Social Security number must be included
in a document, only the last four digits of that number should be used.
(2) Names of minor children. If the involvement of a minor child must be mentioned,
only the initials of that child should be used.
(3) Dates of birth. If an individual’s date of birth must be included in a document, only
the year should be used.
(4) Financial account numbers. If financial account numbers are relevant, only the last
four digits of these numbers should be in the document used.
(b) In compliance with the E-Government Act of 2002, a party wishing to file a document containing
the personal data identifiers listed above may
(1) file a redacted document in the public record and file a reference list under seal. The
reference list shall contain the complete personal data identifier(s) and the redacted
identifier(s) used in its(their) place in the filing. All references in the case to the redacted
identifiers included in the reference list will be construed to refer to the corresponding
complete personal data identifier. The reference list must be filed under seal, and may be
amended as of right, or
(2) file an unredacted version of the document under seal.
(c) The unredacted version of the document or the reference list shall be retained by the Court as
part of the record. The Court may, however, still require the party to file a redacted copy for the
public file. The responsibility for redacting these personal identifiers rests solely with counsel and
the parties. The Clerk will not review each document for compliance with this rule.
(d) Exceptions: Transcripts of the administrative record in social security proceedings and state
court records relating to habeas corpus petitions will be exempt from these redaction provisions
because those documents will not be made available online.
Local Criminal Rules Related to Electronic Filing
Rule 49.2 Filing by Facsimile or Electronic Means
(a) The Clerk's Office will not accept any facsimile transmission unless ordered by the Court.
(b) Pursuant to Fed. R. Civ. P. 5(e), as incorporated by Fed. R. Crim. P. 49(b), the Clerk’s Office
will accept papers filed, signed, or verified by electronic means that are consistent with technical
standards, if any, that the Judicial Conference of the United States establishes. A paper filed by
electronic means in compliance with this Rule constitutes a written paper for the purposes of
applying these Rules and the Federal Rules of Criminal Procedure. All electronic filings shall be
governed by the Court’s Electronic Filing Policies and Procedures Manual and orders of the Court.
(See Appendix B to the Local Civil Rules.)
(c) The Court requires attorneys to receive notice of filings electronically and to file documents
electronically, absent a showing of good cause, unless otherwise excused by the rules, procedures
or Orders of the Court. While parties and pro se litigants may register to receive “read only”
electronic filing accounts so that they may access documents in the system and receive electronic
notice, typically only registered attorneys, as Officers of the Court, will be permitted to file
electronically. The Judicial Officer may, at his or her discretion, grant a pro se litigant who
demonstrates a willingness and capability to file documents electronically permission to register to
do so. Permission to file electronically may be revoked at any time.
Rule 49.1.1 General Rules of Pleading
(a) In compliance with the policy of the Judicial Conference of the United States, and the EGovernment Act of 2002, and in order to promote electronic access to case files while also
protecting personal privacy and other legitimate interests, parties shall refrain from including, or
shall partially redact where inclusion is necessary, the following personal data identifiers from all
documents filed with the Court, including exhibits thereto, whether filed electronically or on paper,
unless otherwise ordered by the Court.
(1) Social Security numbers. If an individual’s Social Security number
must be included in a document, only the last four digits of that number should be used.\
(2) Names of minor children. If the involvement of a minor child must be
mentioned, only the initials of that child should be used.
(3) Dates of birth. If an individual’s date of birth must be included in a
document, only the year should be used.
(4) Financial account numbers. If financial account numbers are relevant,
only the last four digits of these numbers should be used.
(5) Home addresses. If a home address must be included, only the city and
state should be listed.
(b) In compliance with the E-Government Act of 2002, a party wishing to file a document containing
the personal data identifiers listed above may
(1) file a redacted document in the public record and file a reference list under seal. The
reference list shall contain the complete personal data identifier(s) and the redacted
identifier(s) used in its(their) place in the filing. All references in the case to the redacted
identifiers included in the reference list will be construed to refer to the corresponding
complete personal data identifier. The reference list must be filed under seal, and may be
amended as of right, or
(2) file an unredacted version of the document under seal.
(c) The unredacted version of the document or the reference list shall be retained by the Court as
part of the record. The Court may, however, still require the party to file a redacted copy for the
public file. The responsibility for redacting these personal identifiers rests solely with counsel and
the parties. The Clerk will not review each document for compliance with this rule.
LR - APPENDIX B
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
ELECTRONIC FILING
POLICIES AND PROCEDURES MANUAL
July 20, 2015
Introduction
The U.S. District Court for the Northern District of Ohio requires attorneys in civil and
criminal cases to file documents with the Court electronically over the Internet thru its Case
Management/Electronic Case Files (CM/ECF) system. The Court requires attorneys to file
documents electronically, absent a showing of good cause, unless otherwise excused by
the procedures set forth below or by Order of the Court. While parties and pro se litigants
may register to receive “read only” electronic filing accounts so that they may access
documents in the system and receive electronic notice, typically only registered attorneys,
as Officers of the Court, will be permitted to file electronically. The Judicial Officer may, at
his or her discretion, grant a pro se litigant who demonstrates a willingness and capability
to file documents electronically permission to register to do so. Permission to file
electronically may be revoked at any time.
1.
Authorization for Electronic Filing
Pursuant to Fed. R. Civ. P. 5(d), Fed. R. Crim. P. 49(b) and (c), LR 5.1(b) and LCrR 49.2,
the following policies and procedures govern electronic filing in this district unless, due to
extraordinary circumstances in a particular case, a judicial officer determines that these
policies and procedures should be modified in the interest of justice.
2.
Definitions and Instructions
The following definitions and instructions will apply to these Policies and Procedures for
Electronic Filing:
3.
2.1
The term “document” shall include pleadings, motions, exhibits, declarations,
affidavits, memoranda, papers, orders, notices, and any other filing by or to
the Court.
2.2
The term “party” shall include counsel of record and a pro se litigant.
2.3
All hours stated shall be Ohio time.
Application of Rules and Orders
Unless modified by approved stipulation or order of the Court or a judicial officer, all Federal
Rules of Civil and Criminal Procedure, Local Rules, and orders of the Court will continue
to apply to cases filed electronically.
4.
Applicable Cases
Electronic filing will be expected in all civil and criminal cases unless otherwise ordered by
the Court. The parties will begin filing electronically in a case immediately.
1
5.
Social Security Review and Immigration Cases
Unless otherwise ordered by the Court, in an action for benefits under the Social Security
Act, and in an action or proceeding relating to an order of removal, relief from removal, or
immigration benefits or detention, access to an electronic file is authorized as follows:
(1) the parties and their attorneys may have remote electronic access to any part of
the case file, including the administrative record;
(2) any other person may have electronic access to the full record at the courthouse,
but may have remote electronic access only to:
(A) the docket maintained by the Court; and
(B) an opinion, order, judgment or other disposition of the Court, but not any
other part of the case file or the administrative record.
Social security transcripts that are available from the Social Security Administration in
electronic format should be filed electronically. Social security transcripts that are filed
electronically may exceed the 15 megabyte limitation set forth in Section 15 in order to take
advantage of the index and hyperlinks within those documents. Social security transcripts
that are not available electronically will be filed and served on paper in the traditional
manner since scanning that set of documents, and filing or retrieving them electronically,
is impractical at this time. Typically, social security transcripts filed manually will not be
scanned by the Clerk’s Office, but will be maintained in a paper case file.
6.
System Requirements
While the system requirements may be set forth more completely in a User’s Manual or
other Court publication, it is expected that the following hardware and software will be
needed to electronically file, view and retrieve documents in the electronic filing system:
!
!
!
!
!
!
!
A personal computer running a standard platform such as Windows or
Macintosh.
A PDF-compatible word processor like Macintosh or Windows-based
versions of WordPerfect or Word.
Internet service.
A CM/ECF-compatible web browser.
Software to convert documents from a word processor format to portable
document format (PDF).
Adobe Acrobat Reader, which is available for free, is needed for viewing PDF
documents.
A scanner may be necessary to create electronic images of documents that
are not in your word processing system.
2
7.
8.
Fees in the District Court
A.
On-Line Payment of Fees. All ECF transactions that require a payment shall
be paid on-line on the same day that the transaction is docketed.
B.
Acceptable Credit Cards. Only VISA, MASTERCARD, AMERICAN
EXPRESS, DISCOVER and DINERS CLUB credit cards will be accepted.
Debit cards from the above mentioned providers that do not require a “PIN”
code will also be accepted.
Filing of Case Initiating Documents / Payment of Filing Fee / Service of
Summons
Civil case initiating documents (e.g. Complaints, Notices of Removal) can be filed
electronically if filer is using a credit card for payment of the required fee. Summons will
be issued electronically for parties to perfect service. Criminal case initiating documents
(e.g. Informations, Indictments, Complaints) will be filed on paper rather than electronically.
9.
General Format of Documents to be Filed Electronically
Electronically filed documents must meet the requirements of Fed. R. Civ. P. 10 (Form of
Pleadings), LR 10.1 and LCrR 49.1 (General Format of Papers Presented for Filing), and
LR 10.2 and LCrR 49.2 (Designation of District Judge and/or Magistrate Judge) as if they
had been submitted on paper. Documents filed electronically are also subject to any page
limitations set forth by Court order or by LR 7.1(g) (Length of Memoranda).
10.
Filing Documents Electronically
Electronic transmission of a document consistent with the procedures adopted by the Court
will, upon the complete receipt of the same by the Clerk of Court, constitute filing of the
document for all purposes of the Federal Rules of Civil and Criminal Procedure and the
Local Rules of this Court, and will constitute entry of that document onto the docket
maintained by the Clerk pursuant to Fed. R. Civ. P. 58 and 79 and Fed. R. Crim. P. 55.
A receipt acknowledging that the document has been filed will immediately appear on the
filer’s screen. Parties can also verify the filing of documents by inspecting the Court’s
electronic docket sheet. The Court may, upon the motion of a party or upon its own motion,
strike any inappropriately filed document.
Documents filed electronically must be submitted in the Adobe Acrobat PDF format.
Documents created on a computer should be converted directly to PDF without scanning.
Documents requiring an original signature or documents that cannot be converted directly
should be scanned into PDF.
Filing documents electronically does not alter any filing deadlines. All electronic
transmissions of documents must be completed (i.e., received completely by the Clerk’s
Office) prior to midnight in order to be considered timely filed that day. Although parties can
3
file documents electronically 24 hours a day, attorneys and parties are strongly encouraged
to file all documents during normal working hours of the Clerk’s Office (8:00 a.m. to 4:45
p.m.) when assistance is available.
11.
Civil and Criminal Dockets
Upon the filing of a document, a docket entry will be created using the information provided
by the filing party. The Clerk of Court will, where necessary and appropriate, modify the
docket entry description to comply with quality control standards.
12.
System Availability
The Court’s system is designed to provide service 24 hours a day. The parties, however,
are encouraged to file documents in advance of filing deadlines and during normal business
hours.
The Clerk’s Office has established a Help Desk (1-800-355-8498) to respond to questions
regarding the electronic filing system and the registration process and to receive voice mail
messages. The Help Desk will be staffed business days from 8:00 a.m. to 4:45 p.m., and
will be available at all other times to record voice mail messages.
If a party is unable to file electronically and, as a result, may miss a filing deadline, the party
must contact the Help Desk to inform the Clerk of Court of the difficulty. If a party misses
a filing deadline due to an inability to file electronically, the party may submit the untimely
filed document, accompanied by a declaration, as a separate document, stating the
reason(s) for missing the deadline. The document and declaration must be filed no later
than 12:00 noon of the first day on which the Court is open for business following the
original filing deadline. A model form is provided in Appendix A.
13.
Registration
In order to effectively use the electronic filing system, users will need both a CM/ECF
account and a PACER (Public Access to Court Electronic Records) account.
a.
CM/ECF Account: A party seeking to file documents electronically must
submit a completed Electronic Filing System Registration form (Appendix B)
prior to being assigned a CM/ECF user identification name and password
that will serve as that party’s signature for all purposes, including Fed. R. Civ.
P. 11. Online registration is also available through the Court’s web site
(www.ohnd.uscourts.gov). Additionally, attorneys seeking to file electronically
must be admitted to practice in the U.S. District Court for the Northern District
4
of Ohio. The completed Registration Form must be signed by the registrant
and addressed to:
Ms. Geri M. Smith, Clerk
United States District Court
Attention: Electronic Filing System Registration
801 W. Superior Avenue
Cleveland, OH 44113-1830
Once registration is completed, the party will receive notification by U.S. mail
as to his/her user identification name and password.
Parties agree to protect the security of their passwords and immediately
notify the Clerk of Court if they learn that their password has been
compromised. Parties may be subject to sanctions for failure to comply with
this provision.
b.
PACER Account: In order to retrieve documents from the CM/ECF system
over the Internet, users, including members of the public, must have a
PACER account. PACER is a national billing system that provides case
information from nearly all federal courts. Users who do not have a PACER
account will be unable to view or retrieve docket sheets or documents over
the Internet, but may access that information, unless otherwise restricted, at
the court house. PACER accounts can be established through the PACER
Service Center:
http://pacer.psc.uscourts.gov
PACER Service Center
P.O. Box 780549
San Antonio, TX 78278
(800) 676-6856
(210) 301-6440
Under the PACER system, parties and counsel of record are entitled to one
free copy of each document filed in their cases, so long as they retrieve the
document within 15 days of filing. Subsequent access to those documents,
or access to documents in other cases, are subject to PACER billing fees.
See the PACER web site for current rates and details.
14.
Service of Electronically Filed Documents
By participating in the electronic filing process, the parties consent to the electronic service
of all documents pursuant to Fed. R. Civ. P. 5(b)(3) and 5(b)(2)(E), and must make
available electronic mail addresses for service. (Instructions to set up e-mail notification are
available at www.ohnd.uscourts.gov/Electronic_Filing/electronic_filing.html.) Upon the filing
of a document by a party, an e-mail message will be automatically generated by the
5
electronic filing system and sent via electronic mail to the e-mail addresses of all parties
in the case. In addition to receiving e-mail notifications of filing activity, the parties are
strongly encouraged to sign on to the electronic filing system at regular intervals to check
the docket in their case.
A certificate of service must be included with all documents filed electronically. Such
certificate will indicate that service was accomplished pursuant to the Court’s electronic
filing procedures. The party effectuates service on all parties by filing electronically. Service
by electronic mail will constitute service pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Fed. R.
Crim. P. 49(b) and will entitle the party being served to the additional 3 days provided by
Fed. R. Civ. P. 6(d) and Fed. R. Crim. P. 49(c).
The following is a suggested certificate of service for electronic filing:
Certificate of Service
I hereby certify that on [date], a copy of foregoing [name of document] was
filed electronically. Notice of this filing will be sent by operation of the Court’s
electronic filing system to all parties indicated on the electronic filing receipt.
All other parties will be served by regular U.S. mail. Parties may access this
filing through the Court’s system.
s/ [Name of Password Registrant]
Name of Password Registrant
Address
City, State, Zip Code
Phone: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
E-mail: [email protected]
[attorney bar number, if applicable]
It is the responsibility of the filing party to ensure that all other parties are properly served.
Fed. R. Civ. P. 5(b)(3) notes that service by electronic means is not effective if the party
making service learns that the attempted service did not reach the person to be served. If
a party requiring service is not listed on the electronic filing receipt as having been sent an
electronic notice of the filing, the filing party must serve that party by other appropriate
means.
15.
Electronic Filings
A key objective of the electronic filing system is to ensure that as much of the case as
possible is filed and made available electronically. To facilitate electronic filing and retrieval,
documents to be filed electronically are to be reasonably broken into their separate
component parts. By way of example, most filings include a foundation document (e.g.,
motion) and other supporting items (e.g., memorandum and exhibits). The foundation
document as well as the supporting items will each be deemed a separate component of
the filing, and each component must be uploaded separately in the filing process. Any
6
component having an electronic file size that exceeds 15 megabytes, with the exception
of social security transcripts as noted in Section 5, should not be filed electronically. Where
an individual component is not included in the electronic filing, the filer must electronically
file the prescribed Notice of Manual Filing in place of that component and the excluded
component must be filed with the Clerk’s Office within any deadlines and no later than one
business day after the rest of the submission was filed electronically. A model form is
provided as Appendix C .
The following example illustrates the application of this section.
A party seeks to file a motion, a supporting memoranda, and four exhibits (A,
B, C and D). The motion is a text document that after conversion to Adobe
PDF has a size of 5kb. The supporting memoranda is a text document that
after conversion to PDF has a size of 45kb. Attachment A is a scanned image
of a one page document that after conversion to PDF has a size of 200kb.
Attachment B is a scanned image of a 60 page document that after
conversion to PDF has a size of 17mb. Attachment C is a scanned image of
a 10 page document that after conversion to PDF has a size of 1.2mb.
Attachment D represents an object that cannot be converted to digital format.
Each document should be kept as a separate component (PDF file) rather
than being merged together as one file in order to facilitate easy retrieval of
any individual component. Each of the components, except for Attachments
B and D, should be filed electronically in one submission by filing the motion
and attaching the memoranda and exhibits through the electronic filing
system. Attachment B, at 17mb, exceeds the 15mb file size standard for
conveniently creating, filing and retrieving documents. Attachment D cannot
be scanned. In the electronic submission, Attachments B and D should each
be replaced by a Notice of Manual Filing form. Attachment B should then be
manually filed with the Court on paper, along with a copy of the attachment
on disk, and served upon the parties in the traditional, non-electronic manner.
Attachment D should be treated as it would if a traditional filing system were
being used.
16.
Manual Filings
Parties otherwise participating in the electronic filing system may be excused from filing a
particular component electronically under certain limited circumstances, such as when the
component cannot be reduced to an electronic format or exceeds the file size limit
described in Section 14. Such component must not be filed electronically, but instead must
be manually filed with the Clerk of Court and served upon the parties in accordance with
the applicable Federal Rules of Civil and Criminal Procedure and the Local Rules for filing
and service of non-electronic documents. A party may seek to have a component excluded
from electronic filing pursuant to Fed. R. Civ. P. 26(c).
Whenever a party makes an electronic filing which excludes a component that will be filed
manually, the electronic filing must include a Notice of Manual Filing in place of that
7
component. A model form is provided as Appendix C.
If the entire filing, including all components, is made manually, a Notice of Manual Filing
should not be filed, either electronically or manually.
Whenever it is practical, the Clerk’s Office will scan manual filings and enter them into the
electronic filing system. Once a document is scanned into the system, Section 22 below
provides that the electronic version becomes the official record of the Court and permits the
Clerk of Court to retain, return or discard the original. If a party believes that retention of the
original is warranted, a copy of the document should be filed with the Court and the party
should retain the original. A party may also request at the time of filing or within 10 days
thereafter, through a separate document, that the original be returned, rather than
discarded, should the Clerk’s Office ever determine it is no longer needed by the Court.
The pages of all documents filed manually should be one-sided in order to facilitate
scanning by Court staff.
17.
Retention of Originals of Documents Requiring Scanning
Originals of documents requiring scanning to be filed electronically must be retained by the
filing party and made available, upon request, to the Court and other parties for a period
of one year following the expiration of all time periods for direct appeals.
18.
Signature Block
The party identification name and password will constitute the party’s signature for Fed. R.
Civ. P. 11 purposes. All documents filed electronically must include a signature block in
compliance with the appropriate Local Civil or Criminal Rule (LR 10.1 or LCrRrR 49.1) and
include the typewritten name, address, telephone number, facsimile number, e-mail
address and the attorney's Ohio Bar Registration Number, if applicable.
In addition, the name of the password registrant under whose password the document is
submitted should be preceded by a “s/” and typed in the space where the signature would
otherwise appear.
s/ [Name of Password Registrant]
Name of Password Registrant
Address
City, State, Zip Code
Phone: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
E-mail: [email protected]
[attorney bar number, if applicable]
Documents requiring signatures of more than one party must be filed either by submitting
8
a scanned document containing all necessary signatures or by listing all of the names of
the signatories on the document by means of a “s/[name] (consent)” signature block for
each. By submitting such a document, the filer certifies that each of the other signatories
has expressly agreed to the form and substance of the document and that the filer has
been authorized to submit the document on their behalf. Physical, facsimile or electronic
signatures may be used to satisfy the requirements of this provision.
19.
Sealed Documents
The filing of documents under seal is governed by LR 5.2 and LCrR 49.4, which permits
such filings only with prior leave of the judicial officer. Sealed documents may be filed
electronically using the events Sealed Motion or Sealed Document. The Court’s electronic
filing system will not serve sealed documents. Therefore, all sealed documents must be
manually served upon the parties in accordance with the applicable Federal Rules of Civil
and Criminal Procedure and the Local Rules for filing and service of non-electronic
documents. The Clerk will enter a notice of the filing on the docket for manually filed sealed
documents. Accordingly, the party filing a sealed document should not file a Notice of
Manual Filing, electronically or on paper.
20.
Trial Exhibits
Exhibits “lodged” with the Clerk of Court pursuant to LR 39.1 or LCrR 23.2 will not be filed
electronically. Such documents will not be placed into the electronic filing system unless
and until they are admitted as part of the official public record. The party submitting the
“lodged” exhibits may be required to resubmit the documents in electronic format once they
are admitted into the public record.
21.
Filing of Discovery Materials
In civil cases, the filing of discovery depositions, interrogatories, requests for production of
documents, requests for admissions, and answers and responses thereto will be governed
by the Case Management Plan defined in LR 16.1(b)(4), and the determination of whether
such materials will be filed electronically or manually will be made by the judicial officer
after consulting with the parties. In general, the Court prohibits the filing of discovery
material unless it is done in support of a motion.
In criminal cases, no material subject to discovery under Fed. R. Crim. P. 16 should be filed
unless otherwise ordered by the Court, pursuant to LCrR 16.1.
22.
Official Record
The official Court record will be the electronic file maintained on the Court’s servers. The
official record will also include, however, any conventional documents or exhibits filed in
accordance with these provisions that have not been otherwise entered into the system
because it was impractical to do so. The Clerk’s Office will retain all original indictments and
plea agreements after they are scanned and uploaded into the system. The Clerk’s Office
may retain, return or discard all other original documents filed with the Court on paper after
9
they have been scanned into the system, at the discretion of the Clerk of Court, subject
to any limitations imposed by statute, judiciary policy or orders of this Court.
23.
Remote Public Access
In accordance with the E-Government Act of 2002 and policies set forth by the Judicial
Conference (which governs the administration of the U.S. Courts), the Court strives to
provide public Internet access to case related documents to the same extent that those
documents are available at the court house, with some limitations. The Court restricts
remote public access to social security review and government collection cases pursuant
to Judicial Conference policy as well as ERISA cases pursuant to General Order 2006-24
because of the sensitive personal data identifiers that appear in many of the documents in
those cases.
23.
Remote Public Access
In accordance with the E-Government Act of 2002 and policies set forth by the Judicial
Conference (which governs the administration of the U.S. Courts), the Court strives to
provide public Internet access to case related documents to the same extent that those
documents are available at the court house, with some limitations. The Court restricts
remote public access to social security review and government collection cases pursuant
to Judicial Conference policy as well as ERISA cases pursuant to General Order 2006-24
because of the sensitive personal data identifiers that appear in many of the documents in
those cases.
24.
Privacy
The E-Government Act of 2002 and the Judicial Conference of the United States Courts’
Policy on Privacy and Public Access to Electronic Case Files set forth rules and provide
guidance to protect privacy and security concerns relating to the electronic filing of
documents and the public availability of documents filed electronically. In accordance with
the Act, the following Model Notice has been provided to Courts using the CM/ECF system:
The Office of the Clerk is now accepting electronically filed pleadings
and making the content of these pleadings available on the Court’s Internet
website via WebPACER. Any subscriber to WebPACER will be able to read,
download, store and print the full content of electronically filed documents.
The Clerk’s Office will not make electronically available documents that have
been sealed or otherwise restricted by Court order.
Do not include sensitive information in any document filed with the
Court unless such inclusion is necessary and relevant to the case.
Remember that any personal information not otherwise protected will be
made available over the Internet via WebPACER. If sensitive information
must be included, the following personal data identifiers must be partially
redacted from the pleading, whether it is filed traditionally or electronically:
10
1)
2)
3)
4)
5)
Social Security numbers: If an individual’s Social Security number
must be included in a document, only the last four digits of that
number should be used;
Names of minor children: If the involvement of a minor child must be
mentioned, only the initials of that child should be used.
dates of birth: If an individual’s date of birth must be included in a
document, only the year should be used.
Financial account numbers: If financial account numbers are relevant,
only the last four digits of these numbers should be used.
(In criminal cases only) Home addresses: If a home address must be
included, only the city and state should be listed.
In compliance with the E-Government Act of 2002, a party wishing to
file a document containing the personal data identifiers specified above may:
(a)
file a redacted document in the public record and file a reference list under
seal. The reference list shall contain the complete personal data identifier(s)
and the redacted identifier(s) used in its(their) place in the filing. All
references in the case to the redacted identifiers included in the reference list
will be construed to refer to the corresponding complete personal data
identifier. The reference list must be filed under seal, and may be amended
as of right, or
(b)
file an unredacted version of the document under seal.
The Court may, however, still require the party to file a redacted copy for the public
file.
In addition, exercise caution when filing documents that contain the
following:
1)
2)
3)
4)
5)
Personal identifying number, such as driver’s license number;
medical records, treatment and diagnosis;
employment history;
individual financial information; and
proprietary or trade secret information.
Counsel are strongly urged to share this notice with all clients so that an
informed decision about the inclusion, redaction and/or exclusion of certain
materials may be made. If a redacted document is filed, it is the sole
responsibility of counsel and the parties to be sure that all documents comply
with the rules of this Court requiring redaction of personal data identifiers.
The Clerk’s Office will not review documents for compliance with this rule,
seal on its own motion documents containing personal data identifiers, or
redact documents containing personal identifiers, whether filed electronically
or on paper.
11
The privacy provisions adopted by the Court are set forth under the General Rules of
Pleading in LR 8.1 and LCrR 49.1.1.
25.
Additional Information
Additional information regarding electronic filing can be obtained by visiting the Court’s web
site (www.ohnd.uscourts.gov), calling the help desk at 1-800-355-8498 or by writing to:
Ms. Geri M. Smith, Clerk
United States District Court
Attention: Electronic Filing System Registration
801 W. Superior Avenue
Cleveland, OH 44113-1830
12
Appendix A
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
Plaintiff
v.
Defendant
)
)
)
)
)
)
)
)
)
)
Case No.
Judge
Declaration that Party was Unable to
File in a Timely Manner
Due to Technical Difficulties
Please take notice that [Plaintiff/Defendant, Name of Party] was unable to file the [Title of
Document] in a timely manner due to technical difficulties. The deadline for filing the [Title of
Document] was [Filing Deadline Date]. The reason(s) that I was unable to file the [Title of
Document] in a timely manner and the good faith efforts I made prior to the filing deadline to both
file in a timely manner and to inform the Court and the other parties that I could not do so are set
forth below.
[Statement of reasons and good faith efforts to file and to inform (including dates and times)]
I declare under penalty of perjury that the foregoing is true and correct.
Respectfully submitted,
s/ [Name of Password Registrant]
Name of Password Registrant
Address
City, State, Zip Code
Phone: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
E-mail: [email protected]
[attorney bar number, if applicable]
Appendix B
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
ELECTRONIC FILING ATTORNEY REGISTRATION FORM
This form is used to register for an account on the United States District Court for the Northern District of Ohio Electronic Filing System
(the system). Registered attorneys will have privileges to electronically submit documents and to view the electronic docket sheets and
documents. Once your registration is complete, a user id and password will be sent to you via email. Please call the Electronic Filing Help
Desk at 1-800-355-8498 with any questions.
PLEASE TYPE
Mr.
Mrs.
First Name:
Ms.
Middle Name:
Last Name:
If appropriate check one:
Highest state court admitted:
Senior
Junior
II
III
IV
Bar ID Number:
Are you currently in good standing?
Yes
No
Firm Name:
Address:
City:
State:
Have you relocated to this address within the past year?
Voice Telephone Number: (
Zip Code:
Yes
)
No
Fax Number: (
)
Internet Mail Address:
Attorneys seeking to file documents electronically must be admitted to practice in the United States District Court for
the Northern District of Ohio pursuant to LR 83.5 and LCrR 57.5.
Date admitted to practice in the U.S. District Court for the Northern District of Ohio:
If you are not admitted to practice in this court, please complete which applies:
•
Attorney for the United States?
Yes
No
Date Applicant’s Personal Statement & Oath submitted pursuant to LR 83.5(k) & LCrR 57.5(k):
•
Date motion to be admitted pro hac vice granted:
in case number:
Pro hac vice admission fee receipt number:
•
If Attorney of Record in an MDL action in this court indicate case number:
A PACER account is required to view documents on the system. For information regarding PACER call 1-800-676-6856 or visit the website
at www.pacer.psc.uscourts.gov
I agree to abide by all Court rules, orders and policies and procedures governing the use of the electronic filing system and consent
to receiving notice of filings pursuant to Fed. R. Civ. P. 5(b) and 77(d) and Fed. R. Crim. P. 49(b)-(d) via the Court’s electronic
filing system. The combination of user id and password will serve as the signature of the attorney filing the document(s). Attorneys
must protect the security of their password and immediately notify the Court if they learn that their password has been
compromised by an unauthorized user.
Signature of Attorney
Submit completed Registration Form to:
Date
Geri M. Smith, Clerk
United States District Court
Attention: Electronic Filing System Registration
801 West Superior Avenue
Cleveland, OH 44113-1830
Revised 8/28/08
Appendix C
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
Plaintiff
v.
Defendant
)
)
)
)
)
)
)
)
)
Case No.
Judge
Notice of Manual Filing
Please take notice that [Plaintiff/Defendant, Name of Party] has manually filed the following document or thing
[Title of Document or Thing]
This document has not been filed electronically because
the document or thing cannot be converted to an electronic format
the electronic file size of the document exceeds 15 megabytes (30-60 scanned pages)
[Plaintiff/Defendant] is excused from filing this document or thing by court order.
The document or thing has been manually served on all parties.
Respectfully submitted,
s/ [Name of Password Registrant]
Name of Password Registrant
Address
City, State, Zip Code
Phone: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
E-mail: [email protected]
[attorney bar number, if applicable]
United States District Court
Northern District of Ohio
CM/ECF Tips
Obtaining Written Opinions for Free
Obtaining a List of Cases by Category
Obtaining a List of Documents Filed by Date Range and/or Case Category
Turning CM/ECF Document Headers Off/On
Setting Up E-Mail Notification
Setting Up Secondary E-Mail Notification
Adding Attachments with Full Descriptions
United States District Court
Northern District of Ohio
Obtaining Written Opinions
You can easily obtain a listing of written opinions issued by the Court after April 16, 2005, as
well as copies of the documents themselves, for free. Here’s how.
1.
2.
3.
4.
5.
6.
Log into the Court’s CM/ECF system using either your CM/ECF or PACER account.
Click on Reports
If you have logged in using your CM/ECF account, you may be asked for your PACER
information here. Enter it.
Click on Written Opinions under Civil and Criminal Reports
The Written Opinions Report screen will provide you with a variety of selection criteria
to help you fine tune your search including: Case Number, Name, Office, Nature of Suit,
Case Type, Cause, Case Flags, etc. A screen shot is on the next page. Keep the default
values for most of the items as they are. Change only those values that will help you meet
your needs.
The system will provide you with a list Written Opinions that meet the selection criteria.
Notes:
Written Opinions are defined by the Judicial Conference as as “any document issued by a judge
of the court sitting in that capacity that sets forth a reasoned explanation for a court’s decision.”
The responsibility for determining which documents meet this definition rests with the authoring
judge
The Nature of Suit codes are taken from the Civil Cover Sheet. You can select more than one
Nature of Suit by holding down the control (ctrl) key when you click on your selections.
The Filed / to dates can be set for any range, but the system only identifies Written Opinions
issued April 16, 2005 and later.
While access to Written Opinions is now free, PACER fees still apply for other documents.
United States District Court
Northern District of Ohio
Cases by Case Category
Did you know that you can obtain a list of civil cases filed in this Court by case category? It’s
easy.Here’s how you do it.
Suppose you wanted to obtain a list of all pending Insurance cases.
1.
2.
3.
4.
5.
6.
Log into the Court’s CM/ECF system using either your CM/ECF or PACER account.
Click on Reports
If you have logged in using your CM/ECF account, you may be asked for your PACER
information here. Enter it.
Click on Civil Cases under Civil Reports
The Civil Cases Report screen will provide you with a variety of selection criteria
(Office, Case Type, Nature of Suit, Case Flags, Cause, etc.). A screen shot is on the next
page. Keep the default values for most of the items as they are. Change the following to
meet your needs:
The system will provide you with a list of the pending Insurance cases.
Notes:
The Nature of Suit codes are taken from the Civil Cover Sheet. You can select more than one
Nature of Suit by holding down the control (ctrl) key when you click on your selections.
The Filed / to dates can be set for any range. The system has most cases going back to the early
1990s.
The system permits you to select Open Cases and/or Closed Cases by checking the appropriate
check box.
The amount of time it takes to run the report is dependent upon a number of factors including
your selection criteria and the number of users using the system.
Give it a try.
United States District Court
Northern District of Ohio
Obtaining a List of Documents Filed by Date Range and/or Case Category
using the
Docket Activity Report
The Docket Activity Report can help you obtain a list of documents filed with the Court for any
day, or during any date range, with convenient links to the documents themselves. You can even
narrow your search to documents filed in a specific case or category of cases, such as Patent
cases. Here’s how to do it. (Note that applicable PACER charges apply.)
Suppose you want to obtain a list of the documents filed from May 23rd to May 24th of 2005:
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Log into the Court’s CM/ECF system using either your CM/ECF or PACER account.
Click on Reports
If you have logged in using your EM/ECF account, you may be asked for your PACER
information here. Enter it.
Click on Docket Activity
The Docket Activity Report screen will provide you with a variety of selection criteria
(Case number, Office, Case Type, Event Category, Case Flags, etc.). A screen shot
attached. Keep the default values for most of the items as they are. Change only the items
necessary to narrow the focus to the cases you want. In this example, only the date range
needs to be altered.
The system will provide you with a list of the documents entered into the system on those
dates.
Notes: You can focus your search on a single case (just enter the case number) or a particular
case category (select the appropriate Case Category flag). You can select more than one Case
Category by holding down the control (ctrl) key when you click on your selections. The Case
Category flag codes are:
CAT01
Admiralty
CAT08
Personal Injury
CAT02
Antitrust
CAT09
Administrative (Social Security)
CAT03
Civil Rights
CAT10
Tax
CAT04
Contract
CAT11
Copyright / Trademark
CAT05
Habeas Corpus
CAT12
General Civil
CAT06
Labor Relations
CAT13
Death Penalty
CAT07
Patent
The time it takes to run the report is dependent upon your selection criteria and the number of
users on the system. Experiment with whichever search criteria meet your needs.
United States District Court
Northern District of Ohio
Turning the CM/ECF Document Headers Off/On
The CM/ECF software allows case number, document number, date filed and page number to be
displayed in a header on PDF document pages. The original PDF documents filed with the Court
will not be altered in any way; instead, the case information will be generated at the time the
document is accessed for viewing and/or printing, and affixed to the top of the document pages.
You can easily turn the PDF Document header feature off if you do not want headers to be
displayed on documents you view or print. Here is how.
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Log into the Court’s CM/ECF system using your CM/ECF account.
Click on Utilities
Click on Maintain Your Account
Deselect the Add Headers to PDF Documents check box.
Click Submit button.
Click Submit button.
If you wish to turn the PDF document header feature back on, simply follow steps one through
three above, reselect the Add Headers to PDF Documents check box and follow steps five and
six.
United States District Court
Northern District of Ohio
Setting Up E-Mail Notification in CM/ECF
Users can receive e-mail notification of all electronic filings in cases they are
interested in by setting the automatic e-mail notification in their user accounts.
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Access the “Live” System. Note that the “Live” electronic filing system and the “Training Area” are
different systems. Setting your e-mail notification in one system does not set it in the other.)
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Click on “Utilities”
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Click on “Maintain Your Account”
At the “maintain your account screen”, by removing the checkmark by “Add Headers to PDF Documents”
you can remove the option of document headers appearing on electronically filed documents.
Example Document Header:
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Click on “Email Information”
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To add a primary and/or secondary e-mail address, click on the appropriate “add new e-mail
address” link. Enter your e-mail address in the “configuration options” box.
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Upon entering an e-mail address in the “configuration options” box, the following screen will
appear. Answer the following questions:
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To receive notification of activity for other cases, enter the case number in the following format
YY-#### (ex. 09-51) in the “add additional cases for noticing” box and click on “find the case”.
You do not have to be a party in the cases entered in this field.
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Select the type of notice you would like to receive. There are two options:
1)
Send notice per filing which is the default method. This selection sends notices to you
immediately upon filing.
2)
Send notice as a summary report which is an alternate method. This selection will send a
summary of notices at the end of the day (usually at midnight). If you seek electronic
notice in a large number of cases, this selection is the preferred method.
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Click on “Return to Person Information Screen”
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From the Person Information Screen, select “Submit” You will receive a confirmation screen listing
the cases and e-mail options you have selected.
Note: Failure to select “Submit” will result in no changes being made. Changes have
been made only if you receive confirmation of same.
United States District Court
Northern District of Ohio
Secondary E-mail Addresses in CM/ECF
Users can receive e-mail notification of all electronic filings in cases they are interested in by
setting the automatic e-mail notification in their user accounts. Users can receive e-mail notification at a
secondary e-mail address as well.
Adding A Secondary E-mail Address in CM/ECF
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Access the “Live” System. Note that the “Live” electronic filing system and the “Training Area” are different systems.
Setting your e-mail notification in one system does not set it in the other.
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Click on “Utilities”
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Click on “Maintain Your Account”
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Click on “Email Information”
To add a secondary e-mail address, click on the “add new e-mail address”link found under “Secondary email addresses”. Enter your e-mail address in the “configuration options” box.
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Upon entering an e-mail address in the “configuration options” box, the following screen will
appear. Answer the following questions:
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To receive notification of activity for other cases, enter the case number in the following format
YY-#### (ex. 09-51) in the “add additional cases for noticing” box and click on “find the case”.
You do not have to be a party in the cases entered in this field.
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Select the type of notice you would like to receive. There are two options:
1)
Send notice per filing which is the default method. This selection sends notices to you
immediately upon filing.
2)
Send notice as a summary report which is an alternate method. This selection will send a
summary of notices at the end of the day (usually at midnight). If you seek electronic
notice in a large number of cases, this selection is the preferred method.
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Click on “Return to Person Information Screen” once the secondary address has been added.
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From the Person Information Screen, select “Submit” You will receive a confirmation screen listing
the cases and e-mail options you have selected.
Note: Failure to select “Submit” will result in no changes being made. Changes have
been made only if you receive confirmation of same.
Removing A Secondary E-mail Address in CM/ECF
To remove a secondary e-mail address, click on the e-mail address link that you want to delete found
under “Secondary e-mail addresses”. Once you click on the e-mail link, the “configuration options” box
appears containing the e-mail address. Delete the e-mail address from the “configuration options” box.
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Click on “Return to Person Information Screen” once the secondary address has been deleted.
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From the Person Information Screen, select “Submit” You will receive a confirmation screen listing
the cases and e-mail options you have selected.
Note: Failure to select “Submit” will result in no changes being made. Changes have
been made only if you receive confirmation of same.
United States District Court
Northern District of Ohio
Adding Attachments to Documents
with Thorough Description
After browsing and uploading a main document, users can add attachments. The
adding of attachments during docketing is streamlined to only require one screen.
When the user clicks on the browse button to add the first attachment, and selects a
category or enters a description (or both) a new row will automatically appear so the
user can add a second attachment and so on.
Click on the Category box and select a word that is applicable to your attachment. If
none apply, do not select a word. Leave the Category box blank and add descriptive
text in the Description box. This box is free text.
It is not necessary to repeat the word you selected in the Category pick
list again in the Description box.
Incorrect:
Correct:
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Once all attachments are added and identified, click “next” and continue.
Sample docket text
Motion to Expand the Record filed by Test Defendant. Related document(s) 157, 156.
(Attachments: # 1 Exhibit 3 - Deposition of Sgt. John Doe; # 2 Exhibit 8 - Declaration of
trial counsel Jane Doe; # 3 Exhibit 9 - Declaration of trial counsel Mary Smith; # 4
Exhibit 10 - Declaration of Test Plaintiff; # 5 Exhibit 11 - Declaration of John Smith; # 6
Exhibit 12 - Declaration of Mayor City; # 7 Exhibit 13 - Declaration of Peter Smith; # 8
Exhibit 14 - Declaration of Joe Williams; # 9 Exhibit 15 - State v. Smith trial testimony of
John Doe; # 10 Exhibit 17 - State v. Smith trial testimony of John Smith. (Test, Atty)
United States District Court
Northern District of Ohio
Joint Filings
Documents filed on behalf of multiple parties are called joint filings. Examples include
stipulations, joint motions, and the report of the parties planning meeting.
To submit a joint filing select your event (stipulation, motions, etc.) as usual. Enter the
case number and click “next”.
Using your mouse, control + left click and select each party for whom you are filing and
click “next”.
IMPORTANT: Uncheck the box if you do not represent the party listed. If you do
represent the listed party do not remove the check.
CJA eVoucher
The federal judiciary is implementing a new web-based, paperless application to process payments
to attorneys appointed to represent indigent defendants under the Criminal Justice Act. eVoucher will
replace the current manual system. Implementation is planned for early 2016.
CJA eVoucher Program Features and Benefits:
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Web-based application that is accessible anywhere via the internet.
Includes rate tables that ensure the appropriate fee, mileage and representation rates are applied.
Performs calculations which reduce mathematical errors.
Expedites voucher preparation time, processing and payment time.
Reduces manual voucher processing errors and improves internal controls.
Transfers vouchers electronically between the District and Circuit Courts.
Integrated email system and notifications of voucher approvals.
Online electronic classroom training modules will be posted to our website in November. More
information will be provided by email and classroom training will be provided as needed.